RAJESH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred by the convicted appellants, Rajesh Pandey, Kallu alias Shivdhani, Smt. Rama and Smt. Shanti Devi alias Sitawati against the judgment and order dated 5.12.2003, passed by Smt. Kamini Pathak, the then Additional Sessions Judge (Fast Track Court No. 1), Fatehpur, whereby the appellants have been convicted for life imprisonment for the offence, punishable under Section 304B, I.P.C. They have further been convicted for the offence punishable under Section 498A, I.P.C and Section 3/4 of Dowry Prohibition Act and sentenced to undergo R.I. for three years, fine of Rs. 10,000 and R.I for two years with fine of Rs. 10,000 respectively. In case of non-payment of fine, they have been sentenced for additional R.I for one year and six months respectively.

(2.) THE facts giving rise to this appeal are as under : THE accused-appellants are resident of village Budhanna, Police Station Chandpur, district Fatehpur. THE complainant-informant, Shiv Balak Tiwari is. resident of village Garhi, Police Sation Jafarganj, district Fatehpur. Smt. Rekha aged about 23 years was daughter of complainant, Shiv Balak Tewari, who was married with the accused-appellant, Rajesh Pandey about five years back to the occurrence in question. THE accused-appellant Kallu alias Shivdhani is the father of appellant Rajesh Pandey, Smt. Rama is daughter of Kallu alias Shivdhani and Smt. Shanti Devi is his wife, meaning thereby, Rajesh Pandey is husband, Kallu alias Shivdhani is father-in-law, Smt. Shanti Devi is mother-in-law and Smt. Rama is sister-in-law (nanad) of deceased Smt. Rekha.

(3.) JUST before a day of occurrence, i.e., on 6.6.2000, Vinay Kumar, the youngest son of complainant-informant had gone to the house of accused-appellants and met his sister Smt. Rekha who had told him about harassment and torture etc. made by the accused-appellants for dowry. The deceased had given a letter in which the entire facts were disclosed.